Ali v. Northern NH Correctional Facility, Warden

Filing 14

///ORDER approving 9 Report and Recommendation. So Ordered by Judge Steven J. McAuliffe.(vln)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Dominic S. Ali
v.
Case No. 12-cv-364-SM
Northern NH Correctional Facility,
Warden, et al.

O R D E R
No objection having been filed, I herewith approve the
Report and Recommendation of Magistrate Judge Landya B.
McCafferty dated June 3, 2013, for the reasons set forth
therein.

“‘[O]nly those issues fairly raised by the objections

to the magistrate's report are subject to review in the district
court and those not preserved by such objection are precluded
on appeal.’”

School Union No. 37 v. United Nat'l Ins. Co., 617

F.3d 554, 564 (1st Cir. 2010) (quoting Keating v. Secretary of
Health & Human Servs., 848 F.2d 271, 275 (1st Cir.1988));

see

also United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir.
1986) (after proper notice, failure to file a specific objection
to magistrate's report will waive the right to appeal).
Plaintiff’s Claims 1(c), 2(d) and 4, and the state
constitutional claims that arise from the same facts are hereby
dismissed.

Plaintiff’s claims for damages asserted against

the defendants in their official capacities, all claims for

damages asserted against defendants under RLUIPA and state law,
and all claims against Corporal Nadeau are also dismissed.
All remaining claims and parties will go forward in this matter.

SO ORDERED.
__________________________
Steven J. McAuliffe
United States District Judge
Date: July 3, 2013
cc: Dominic S. Ali, pro se
Nancy Smith, Esq.
Francis Fredericks, Esq.